DEPARTMENT OF BUDGET & MANAGEMENT

Transcription

1 DEPARTMENT OF BUDGET & MANAGEMENT Dear Colleague: You have downloaded one of four newly-revised templates used to procure services. These templates, the Request for Proposals (RFP), the Invitation for Bids (IFB), the Multi-Step Invitation for Bids (MS-IFB), and the Sole Source/Emergency Contract (SS/EM) template have been developed by the Department of Budget and Management (DBM) in conjunction with the Department of Health and Mental Hygiene (DHMH) Office of Procurement and Support Services (OPASS) and are based on a DBM procurement model. They are formatted in MS Word using Office Professional There are some things you need to know when using the templates: First, this is just a template, and not all possible procurement circumstances may be covered by this template. However, this template is designed to include language for the majority of solicitations for services within the respective procurement type (ex. Competitive Sealed Bidding CSB; Competitive Sealed Proposals - CSP). Only some, not all, of the language used in the template is required by Maryland s procurement regulations, COMAR Title 21. While some language may be changed, it is STRONGLY RECOMMENDED that you utilize the standardized language included in this template, as review and approval of your solicitation by DBM will be SIGNIFICANTLY FASTER if boilerplate language, section numbering, references to Attachments, and Attachment order remain unchanged, so that your assigned Procurement Analyst can focus more on reviewing the Minimum Qualifications, Scope of Work, and Bid/Financial Proposal Form of your solicitation. Please check with your DBM Procurement Analyst if you wish to revise the language included in this template. Second, there is a substantial amount of information and text you will need to add to the document. You will notice throughout the document (red) colored text in parentheses. These are instructions to you. DO NOT LEAVE THE INSTRUCTIONS OR PARENTHESES IN THE DOCUMENT! Insert the requested name, date, address, information, title, number, etc. and delete the (red) instructions (be sure to review the entire template for these instructions, including the Attachments). Make certain the inserted text does not remain in the color of the instructions. Also, when you download, copy, or paste, text and tables may move around on the page. Please clean up text and tables to ensure a professional look (e.g., check for font type and size consistency, review formatting, use spell check, use grammar check, etc.), remove these instructions pages, and remove the template date from the footer pages (or change the footer date to the actual publication date). Your proper completion of this template will result in faster review and approval by your assigned Procurement Analyst. You, the author of the solicitation, are responsible for the ultimate content and appearance of the document. You must ensure the accuracy of the content and convey a professional appearance and style. Remember, this document will become a part of a public record. It is your first contact with the vendor community from which you wish to solicit. It represents your Department. See that it is a quality publication. Note that this template will need to be carefully reviewed by the Procurement Officer and the agency Assistant Attorney General for each project to determine what should be included, revised, or omitted for the particular procurement. Any questions regarding this template may be submitted to your assigned Procurement Analyst at DBM. Template Version: 09/17/2014

2 Changes from original 03/25/2013 version: 04/09/2013 -Section 1.2: Definition for Notice to Proceed; capitalized the word Commencement and added reference to Section Section 1.7: Removed statement that attendance is not mandatory from first paragraph. 04/25/2013 -Section 4.4.8: Revised wording regarding the Bidder s Certificate of Insurance requirements. 07/01/2013 -Added bolded note at bottom of instructions page. -Added optional language on solicitation Title page for Small Business Reserve Procurements. -Section 1.2 Definitions: added definition for Contract Commencement and minor revisions to definitions of Business Day(s), Go-Live Date, and Working Day(s). -Section 1.26 Contract Affidavit: added statement that a Contract Affidavit will be required for renewal options and mods that extend the Contract. -Section 1.33 Minority Business Enterprise Goal and Subgoals: revised wording and added language for MBE liquidated damages (1.33.9). -Section 1.34 Living Wage Requirements: revised wording regarding determination of wage tier. -Added Section 3.9: SOC 2 Type II Audit Report. -Updated Contract (Attachment A): added Section 4.6 regarding MBE liquidated damages. -Updated Bid/Proposal Affidavit (Attachment B): added Certification Regarding Investments in Iran and Conflict Minerals clauses. -Updated DHR Hiring Agreement (Attachment P): added field for Agency Control Number. 07/10/2013 -Section 1.33 Minority Business Enterprise Goal and Subgoals: revised wording for MBE liquidated damages (1.33.9). -Updated Contract (Attachment A): moved MBE liquidated damages language from Section 4.6 to Section 39 and made revisions. 08/01/2013 -Instructions Page: added language regarding removing instructions page and footer date. -Sections 1.1.2, 1.2, 1.4, and Contract (Attachment A) Section 3.1 and 3.2: revised language regarding duration of Contract, Contract Commencement, Go-Live Date, and Notice to Proceed. -Section 1.40: added language that price preference is not to exceed 5% and COMAR reference. -Section 3.4: revised language regarding when certificate of insurance is to be provided. -Section 4.2.1: added language regarding Proposal labeling. -Section : added language regarding Claim of Confidentiality. -Section : revised language regarding Offeror Proposal submission requirements. -Section 5.2: revised language regarding Technical Evaluation Criteria and removed Subcontractors criterion. -Attachment K HIPAA Business Associate Agreement: updated Agreement to comply with new HIPAA rules. -Corrected several spelling and typographical errors and made minor revisions to language throughout document. 11/01/2013 -Section 1.4.3: removed, or a later date as. -Section 1.7: added optional language regarding site visits. -Section and Attachment D-1: added language regarding MBE subgoals. -Removed Sections Conflict Minerals and Investment Activities in Iran (both now incorporated in Bid/Proposal Affidavit); following Sections and references to sections updated. -Section 3.4.6: removed named. -Section 4.2: revised language regarding proposal packaging and electronic versions. -Section 4.4: reordered subsections (reversed subsections and 4.4.3) and added a TAB Proposal submission requirement for each Technical Proposal component. -Section 5.2: revised language and references to Section 4 subsections. -Attachment D-3: added fields for subcontractor s address and FEIN. -Attachment M-2: added fields for subcontractor s address and FEIN. -Removed Attachment N Investment Activities in Iran (now incorporated in Bid/Proposal Affidavit). 09/17/2014 -RFP Key Information Summary Sheet: removed address/contact information for Contract Monitor. -Section 1.1: moved non-state of Maryland usage instructions and language from 1.3 to Section 1.2: revised definition of Procurement Officer; consolidated the terms Business Day(s) and Working Day(s) to simply Business Day(s) throughout solicitation, and removed definition of Working Day(s). -Section 1.4: added anticipated start date language to Section 1.31: updated Prompt Payment weblink. -Section 1.33: updated MBE Requirements language, revised MBE Attachments D, and references to MBE Attachments D. -Section 1.34: revised Living Wage Requirements language and added Living Wage clause to Contract (Attachment A). -Section 1.44: Small Business Reserve optional language added. -Section 3.10 (End of Contract Transition) added. -Section : added optional language for a non-compete clause prohibition. -Section 5.4: revised Reciprocal Preference instructions. -Attachment A (Contract): revised wording and order of some sections. -Attachment H: removed references to DHMH and US DHHS and added instruction to check for any additional requirements/restrictions relative to the applicable Federal funding source. -Corrected spelling and typographical errors and made minor revisions to language throughout document. ii

3 (DEPARTMENT) REQUEST FOR PROPOSALS (RFP) SOLICITATION NO. (solicitation number) Issue Date: (date of issuance) (SOLICITATION TITLE) (If your procurement is designated as a Small Business Reserve Procurement, include the following notice in black font:) NOTICE TO BIDDERS/OFFERORS SMALL BUSINESS RESERVE PROCUREMENT This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, , Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract. See RFP Section 1.44 for additional information. NOTICE A Prospective Offeror that has received this document from the (Department s) website or or that has received this document from a source other than the Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to this RFP, should immediately contact the Procurement Officer and provide the Prospective Offeror s name and mailing address so that addenda to the RFP or other communications can be sent to the Prospective Offeror. Minority Business Enterprises Are Encouraged to Respond to this Solicitation ii

4 STATE OF MARYLAND NOTICE TO VENDORS In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please or fax this completed form to the attention of the Procurement Officer (see Key Information Sheet below for contact information). Title: (SOLICITATION TITLE) Solicitation No: (solicitation number) 1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below: ( ) Other commitments preclude our participation at this time. ( ) The subject of the solicitation is not something we ordinarily provide. ( ) We are inexperienced in the work/commodities required. ( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.) ( ) The scope of work is beyond our present capacity. ( ) Doing business with the State of Maryland is simply too complicated. (Explain in REMARKS section.) ( ) We cannot be competitive. (Explain in REMARKS section.) ( ) Time allotted for completion of the Bid/Proposal is insufficient. ( ) Start-up time is insufficient. ( ) Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.) ( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risky. (Explain in REMARKS section.) ( ) MBE or VSBE requirements. (Explain in REMARKS section.) ( ) Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.) ( ) Payment schedule too slow. ( ) Other: 2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.). REMARKS: Vendor Name: Date: Contact Person: Phone ( ) - Address: Address: iii

5 STATE OF MARYLAND (DEPARTMENT) RFP KEY INFORMATION SUMMARY SHEET Request for Proposals: (SOLICITATION TITLE) Solicitation Number: (solicitation number) RFP Issue Date: (date of issuance) RFP Issuing Office: (DEPARTMENT) Procurement Officer: (name of Procurement Officer) (contact information of Procurement Officer) (address) Phone: Fax: Contract Monitor: (name of Contract Monitor) (administration or facility name) Proposals are to be sent to: (DEPARTMENT) (street address and room number), (city, state, zip code) Attention: (name of Procurement Officer) Pre-Proposal Conference: (date and time of Conference) Local Time (street address, room number), (city, state, zip code) Closing Date and Time: (Proposal due date and time) Local Time MBE Subcontracting Goal: (MBE goal percentage) % VSBE Subcontracting Goal: (VSBE goal percentage) % iv

6 Table of Contents SECTION 1 - GENERAL INFORMATION Summary Statement Abbreviations and Definitions Contract Type Contract Duration Procurement Officer Contract Monitor Pre-Proposal Conference emarylandmarketplace Questions Procurement Method Proposals Due (Closing) Date and Time Multiple or Alternate Proposals Economy of Preparation Public Information Act Notice Award Basis Oral Presentation Duration of Proposal Revisions to the RFP Cancellations Incurred Expenses Protest/Disputes Offeror Responsibilities Substitution of Personnel Mandatory Contractual Terms Bid/Proposal Affidavit Contract Affidavit Compliance with Laws/Arrearages Verification of Registration and Tax Payment False Statements Payments by Electronic Funds Transfer Prompt Payment Policy Electronic Procurements Authorized Minority Business Enterprise Goals Living Wage Requirements Federal Funding Acknowledgement Conflict of Interest Affidavit and Disclosure Non-Disclosure Agreement HIPAA - Business Associate Agreement Nonvisual Access Mercury and Products That Contain Mercury Veteran-Owned Small Business Enterprise Goals Location of the Performance of Services Disclosure Department of Human Resources (DHR) Hiring Agreement v

7 1.44 Small Business Reserve (SBR) Procurement SECTION 2 MINIMUM QUALIFICATIONS Offeror Minimum Qualifications SECTION 3 SCOPE OF WORK Background and Purpose Scope of Work - Requirements Security Requirements Insurance Requirements Problem Escalation Procedure Invoicing MBE Reports VSBE Reports SOC 2 Type II Audit Report End of Contract Transition SECTION 4 PROPOSAL FORMAT Two Part Submission Proposals Delivery Volume I Technical Proposal Volume II Financial Proposal SECTION 5 EVALUATION COMMITTEE, EVALUATION CRITERIA, AND SELECTION PROCEDURE Evaluation Committee Technical Proposal Evaluation Criteria Financial Proposal Evaluation Criteria Reciprocal Preference Selection Procedures Documents Required upon Notice of Recommendation for Contract Award RFP ATTACHMENTS ATTACHMENT A CONTRACT ATTACHMENT B BID/PROPOSAL AFFIDAVIT ATTACHMENT C CONTRACT AFFIDAVIT ATTACHMENTS D MINORITY BUSINESS ENTERPRISE FORMS ATTACHMENT E PRE-PROPOSAL CONFERENCE RESPONSE FORM ATTACHMENT F FINANCIAL PROPOSAL INSTRUCTIONS ATTACHMENT F FINANCIAL PROPOSAL FORM ATTACHMENT G LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS 104 ATTACHMENT H - FEDERAL FUNDS ATTACHMENT ATTACHMENT I CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE ATTACHMENT J NON-DISCLOSURE AGREEMENT ATTACHMENT K HIPAA BUSINESS ASSOCIATE AGREEMENT ATTACHMENT L MERCURY AFFIDAVIT vi

8 ATTACHMENTS M VETERAN-OWNED SMALL BUSINESS ENTERPRISE ATTACHMENT N LOCATION OF THE PERFORMANCE OF SERVICES DISCLOSURE ATTACHMENT O DHR HIRING AGREEMENT vii

9 1.1 Summary Statement SECTION 1 - GENERAL INFORMATION The (Department) (acronym for the Department or the Department) is issuing this Request for Proposals (RFP) to provide (enter a brief description of the services to be performed i.e., a brief summary of Section 3.1 of the Scope of Work) It is the State s intention to obtain services, as specified in this RFP, from a Contract between the selected Offeror and the State. The anticipated duration of services to be provided under this Contract is (enter number of years, and option years if any). See Section 1.4 for more information The Department intends to make (enter one of the following a single award or up to X awards if there is the possibility for multiple awards, with X being the maximum number of awards ) as a result of this RFP An Offeror, either directly or through its subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work. (If there is the possibility for multiple awards, state how multiple Contractors will provide the required services. Ex. For multiple contract awards, the Contractor with the highest overall ranking will be given the right of first refusal to provide the requested services. If that Contractor is unwilling or unable to perform the requested services, the Contractor with the next highest overall ranking will be asked to provide the requested services, and so forth. Each Contractor will have 48 hours to respond to a service request before a request is made to the next subsequent Contractor. ) (NOTE: If you choose to allow non-state of Maryland government entities or organizations to utilize this Contract, you may include the following or similar language as Section Please consult with your Department s Assistant Attorney General regarding this Section and the exact wording of the language.): Maryland County, municipal, and other non-state of Maryland governments or government agencies and not for profit organizations within the State of Maryland may purchase from the Contractor goods or services covered by this Contract at the same prices chargeable to the State. All such purchases by non-state of Maryland governments, government agencies or not for profit organizations: (1) shall constitute Contracts between the Contractor and that government, agency or organization; (2) shall not constitute purchases by the State or State agencies under this Contract; (3) shall not be binding or enforceable against the State; and (4) may be subject to other terms and conditions agreed to by the Contractor and the purchaser. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State of Maryland agency. All Contract prices, terms, and conditions must be provided to any Maryland local government or not for profit organization requesting services under this Contract. 1.2 Abbreviations and Definitions For purposes of this RFP, the following abbreviations or terms have the meanings indicated below: (Add to this Abbreviations and Definitions section any acronym or term unique to this solicitation and not in common use or for which there is not a single, consistent interpretation.) 8

10 a. Business Day(s) The official working days of the week to include Monday through Friday. Official working days exclude State Holidays (see definition of Normal State Business Hours below). b. COMAR Code of Maryland Regulations available on-line at c. Contract The Contract awarded to the successful Offeror pursuant to this RFP. The Contract will be in the form of Attachment A. d. Contract Commencement - The date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. See Section 1.4. e. Contract Monitor (CM) The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. f. Contractor The selected Offeror that is awarded a Contract by the State. g. Department or (Department acronym) (Department). h. emm emaryland Marketplace (see RFP Section 1.8). i. Go-Live Date The date, as specified in the Notice to Proceed, when the Contractor must begin providing all services required by this solicitation. See Section 1.4. j. Local Time Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such. k. Minority Business Enterprise (MBE) Any legal entity certified as defined at COMAR B(54) which is certified by the Maryland Department of Transportation under COMAR l. Normal State Business Hours - Normal State business hours are 8:00 a.m. 5:00 p.m. Monday through Friday except State Holidays, which can be found at: keyword: State Holidays. m. Notice to Proceed (NTP) A written notice from the Procurement Officer that, subject to the conditions of the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP is the Go Live Date, and is the official start date of the Contract for the actual delivery of services as described in this solicitation. After Contract Commencement, additional NTPs may be issued by either the Procurement Officer or the Department Contract Monitor regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date. n. Offeror An entity that submits a Proposal in response to this RFP. o. Procurement Officer Prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation. After Contract award, the Procurement Officer has responsibilities as detailed in the Contract (Attachment A), including being the only State representative who can authorize changes to the Contract. The Department may change the Procurement Officer at any time by written notice to the Contractor. p. Proposal As appropriate, either or both of an Offeror s Technical or Financial Proposal. 9

11 q. Request for Proposals (RFP) This Request for Proposals issued by the (Department), Solicitation Number (solicitation number) dated (date of issuance), including any addenda. r. State The State of Maryland. s. Total Proposal Price - The Offeror s total proposed price for services in response to this solicitation, included in the Financial Proposal with Attachment F Price Form, and used in the financial evaluation of Proposals (see RFP Section 5.3). t. Veteran-owned Small Business Enterprise (VSBE) a business that is verified by the Center for Veterans Enterprise of the United States Department of Veterans Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR) Contract Type The Contract resulting from this solicitation shall be a (enter type of contract or combination of more than one type, e.g., firm fixed price, fixed price with cost adjustment, labor hour, indefinite quantity with fixed unit price, etc.) as defined in COMAR (enter COMAR citation number for the contract type for combinations of contract types, state which contract section(s) fall under each contract type). 1.4 Contract Duration The Contract that results from this solicitation shall commence as of the date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required ( Contract Commencement ) The period of time from the date of Contract Commencement through the Go-Live Date (see Section 1.2 definition and Section 1.4.3) will be the Contract Start-up Period. During the Start-up Period the Contractor shall perform start-up activities such as are necessary to enable the Contractor to begin the successful performance of Contract activities as of the Go Live Date. No compensation will be paid to the Contractor for any activities it performs during the Start-up Period. (amend this section if there will be payment for start-up activities.) As of the Go-Live Date contained in a Notice to Proceed (see Section 1.2 definition), anticipated to be on or about (enter anticipated start date of services), the Contractor shall perform all activities required by the Contract, including the requirements of this solicitation, and the offerings in its Technical Proposal, for the compensation described in its Financial Proposal The duration of the Contract will be for the period of time from Contract Commencement to the Go-Live Date (the Start-Up Period as described in Section 1.4.2) plus ( x number of years / months /etc. of services to be provided under the Contract) from the Go-Live Date for the provision of all services required by the Contract and the requirements of this solicitation. (If the Contract contains the possibility for Option years, detail here. Ex. This Contract may be extended for X periods of one year each at the sole discretion of the Department and at the prices quoted in the Financial Proposal Form for Option Years. ) The Contractor s obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (see Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied. 10

12 1.5 Procurement Officer The sole point of contact in the State for purposes of this solicitation prior to the award of any Contract is the Procurement Officer at the address listed below: (name of Procurement Officer) Procurement Officer (Department) (street address and room number) (city, state and zip code) Phone Number: (phone number) Fax Number: (fax number) ( address) The Department may change the Procurement Officer at any time by written notice. 1.6 Contract Monitor The Contract Monitor is: (name of Contract Monitor) Contract Monitor (Department) (street address and room number) (city, state and zip code) Phone Number: (phone number) Fax Number: (fax number) ( address) The Department may change the Contract Monitor at any time by written notice. 1.7 Pre-Proposal Conference A Pre-Proposal Conference (the Conference) will be held on (date of Conference), beginning at (start time of Conference) Local Time, at (full address of Conference with building name and room number). All prospective Offerors are encouraged to attend in order to facilitate better preparation of their Proposals. The Conference will be summarized. As promptly as is feasible subsequent to the Conference, a summary of the Conference and all questions and answers known at that time will be distributed to all prospective Offerors known to have received a copy of this RFP. This summary, as well as the questions and answers, will also be posted on emaryland Marketplace. See RFP Section 1.8. In order to assure adequate seating and other accommodations at the Conference, please , mail, or fax to (fax number) the Pre-Proposal Conference Response Form to the attention of the Procurement Officer no later than 4:00 p.m. Local Time on (final date for submission of Attachment E). The Pre-Proposal Conference Response Form is included as Attachment E to this RFP. In addition, if there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the Procurement Officer no later than (final date for request for special accomodations). The Department will make a reasonable effort to provide such special accommodation. 11

13 (NOTE: Depending on your procurement s requirements, a site visit may be beneficial to prospective Offerors. If so, the following language may be inserted when appropriate.) A site visit is suggested for prospective Offerors to assist in responding to this RFP. A site visit has been prescheduled for (date of site visit), beginning at (start time of site visit) Local Time, at (full address of site with building name and room number). All prospective Offerors are encouraged to attend in order to facilitate better preparation of their Proposals. 1.8 emarylandmarketplace Each Offeror is requested to indicate its emaryland Marketplace (emm) vendor number in the Transmittal Letter (cover letter) submitted at the time of its Proposal submission to this RFP. emm is an electronic commerce system administered by the Maryland Department of General Services. In addition to using the (Department acronym) website (Department Procurement website link) and possibly other means for transmitting the RFP and associated materials, the solicitation and summary of the Pre-Proposal Conference, Offeror questions and the Procurement Officer s responses, addenda, and other solicitation-related information will be provided via emm. In order to receive a contract award, a vendor must be registered on emm. Registration is free. Go to click on Register to begin the process, and then follow the prompts. 1.9 Questions Written questions from prospective Offerors will be accepted by the Procurement Officer prior to the Conference. If possible and appropriate, such questions will be answered at the Conference. (No substantive question will be answered prior to the Conference.) Questions to the Procurement Officer shall be submitted via to the following address: (enter address for vendors to submit questions). Please identify in the subject line the Solicitation Number and Title. Questions, both oral and written, will also be accepted from prospective Offerors attending the Conference. If possible and appropriate, these questions will be answered at the Conference. Questions will also be accepted subsequent to the Conference and should be submitted to the Procurement Officer (see above address) in a timely manner prior to the Proposal due date. Questions are requested to be submitted at least five (5) days prior to the Proposal due date. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Proposal due date. Time permitting, answers to all substantive questions that have not previously been answered, and are not clearly specific only to the requestor, will be distributed to all vendors that are known to have received a copy of the RFP in sufficient time for the answer to be taken into consideration in the Proposal Procurement Method This Contract will be awarded in accordance with the Competitive Sealed Proposals method under COMAR Proposals Due (Closing) Date and Time Proposals, in the number and form set forth in Section 4.2 Proposals must be received by the Procurement Officer at the address listed on the Key Information Summary Sheet, no later than (Proposal due time) Local Time on (Proposal due date) in order to be considered. 12

14 Requests for extension of this time or date will not be granted. Offerors mailing Proposals should allow sufficient mail delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR , Proposals received after the due date and time listed in this section will not be considered. Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in this section for receipt of Proposals. Proposals may not be submitted by or facsimile. Proposals will not be opened publicly. Vendors not responding to this solicitation are requested to submit the Notice to Vendors form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.). This form is located in the RFP immediately following the Title Page (page ii) Multiple or Alternate Proposals Multiple and/or alternate Proposals will not be accepted. (If you wish to consider accepting Multiple or Alternate Proposals, discuss with your procurement supervisor and DBM analyst) Economy of Preparation Proposals should be prepared simply and economically and provide a straightforward and concise description of the Offeror s Proposal to meet the requirements of this RFP Public Information Act Notice An Offeror should give specific attention to the clear identification of those portions of its Proposal that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., State Government Article, Title 10, Subtitle 6. (Also, see RFP Section Claim of Confidentiality ). This confidential and/or proprietary information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Proposal and if applicable, separately in the Financial Proposal. Offerors are advised that, upon request for this information from a third party, the Procurement Officer is required to make an independent determination whether the information must be disclosed Award Basis The Contract shall be awarded to the responsible Offeror ( Offeror(s) if more than multiple awards possible) submitting the Proposal that has been determined to be the most advantageous to the State, considering price and evaluation factors set forth in this RFP (see COMAR F), for providing the goods and services as specified in this RFP. See RFP Section 5 for further award information. (if multiple awards are possible, describe how subsequent awards will be made. Ex: Up to X additional awards will be made to the next highest overall-ranked Offerors, or: One award will be made per Service Category/Region, etc.) 1.16 Oral Presentation Offerors may be required to make oral presentations to State representatives. Offerors must confirm in writing any substantive oral clarification of, or change in, their Proposals made in the course of discussions. Any such written 13

15 clarifications or changes then become part of the Offeror s Proposal and are binding if the Contract is awarded. The Procurement Officer will notify Offerors of the time and place of oral presentations Duration of Proposal Proposals submitted in response to this RFP are irrevocable for 120 days following the closing date for submission of Proposals or best and final offers if requested. This period may be extended at the Procurement Officer s request only with the Offeror s written agreement Revisions to the RFP If it becomes necessary to revise this RFP before the due date for Proposals, the Department shall endeavor to provide addenda to all prospective Offerors that were sent this RFP or which are otherwise known by the Procurement Officer to have obtained this RFP. In addition, addenda to the RFP will be posted on the Department s procurement web page and through emm. It remains the responsibility of all prospective Offerors to check all applicable websites for any addenda issued prior to the submission of Proposals. Addenda made after the due date for Proposals will be sent only to those Offerors that submitted a timely Proposal and that remain under award consideration as of the issuance date of the addenda. Acknowledgment of the receipt of all addenda to this RFP issued before the Proposal due date shall be included in the Transmittal Letter accompanying the Offeror s Technical Proposal (see RFP Section ). Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be in the manner specified in the addendum notice. Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum Cancellations The State reserves the right to cancel this RFP, accept or reject any and all Proposals, in whole or in part, received in response to this RFP, to waive or permit the cure of minor irregularities, and to conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the State. The State also reserves the right, in its sole discretion, to award a Contract based upon the written Proposals received without discussions or negotiations Incurred Expenses The State will not be responsible for any costs incurred by any Offeror in preparing and submitting a Proposal, in making an oral presentation, in providing a demonstration, or in performing any other activities related to submitting a Proposal in response to this solicitation Protest/Disputes Any protest or dispute related, respectively, to this solicitation or the resulting Contract shall be subject to the provisions of COMAR (Administrative and Civil Remedies) Offeror Responsibilities The selected Offeror shall be responsible for all products and services required by this RFP. All subcontractors must be identified and a complete description of their role relative to the Proposal must be included in the Offeror s 14

16 Proposal. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) of this RFP (see Section 1.33 Minority Business Enterprise Goals and Section 1.41 Veteran-Owned Small Business Enterprise Goals. ). If an Offeror that seeks to perform or provide the services required by this RFP is the subsidiary of another entity, all information submitted by the Offeror, including but not limited to references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Offeror s Proposal shall contain an explicit statement that the parent organization will guarantee the performance of the subsidiary. A parental guarantee of the performance of the Offeror under this Section will not automatically result in crediting the Offeror with the experience and/or qualifications of the parent under any evaluation criteria pertaining to the Offeror s experience and qualifications. Instead, the Offeror will be evaluated on the extent to which the State determines that the experience and qualification of the parent are transferred to and shared with the Offeror, the parent is directly involved in the performance of the Contract, and the value of the parent s participation as determined by the State Substitution of Personnel A. Continuous Performance of Key Personnel Unless substitution is approved per paragraphs B-D of this section, key personnel shall be the same personnel proposed in the Contractor s Technical Proposal, which will be incorporated into the Contract by reference. Such identified key personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key personnel may not be removed by the Contractor from working under this Contract, as described in the RFP or the Contractor s Technical Proposal, without the prior written approval of the Contract Monitor. If the Contract is task order based, the provisions of this section apply to key personnel identified in each task order proposal and agreement. B. Definitions For the purposes of this section, the following definitions apply: Extraordinary Personal Circumstance means any circumstance in an individual s personal life that reasonably requires immediate and continuous attention for more than fifteen (15) days and that precludes the individual from performing his/her job duties under this Contract. Examples of such circumstances may include, but are not limited to: a sudden leave of absence to care for a family member who is injured, sick, or incapacitated; the death of a family member, including the need to attend to the estate or other affairs of the deceased or his/her dependents; substantial damage to, or destruction of, the individual s home that causes a major disruption in the individual s normal living circumstances; criminal or civil proceedings against the individual or a family member; jury duty; and military service call-up. Incapacitating means any health circumstance that substantially impairs the ability of an individual to perform the job duties described for that individual s position in the RFP or the Contractor s Technical Proposal. Sudden means when the Contractor has less than thirty (30) days prior notice of a circumstance beyond its control that will require the replacement of any key personnel working under the Contract. C. Key Personnel General Substitution Provisions 15

17 The following provisions apply to all of the circumstances of staff substitution described in paragraph D of this section. 1. The Contractor shall demonstrate to the Contract Monitor s satisfaction that the proposed substitute key personnel have qualifications at least equal to those of the key personnel for whom the replacement is requested. 2. The Contractor shall provide the Contract Monitor with a substitution request that shall include: A detailed explanation of the reason(s) for the substitution request; The resume of the proposed substitute personnel, signed by the substituting individual and his/her formal supervisor; The official resume of the current personnel for comparison purposes; and Any evidence of any required credentials. 3. The Contract Monitor may request additional information concerning the proposed substitution. In addition, the Contract Monitor and/or other appropriate State personnel involved with the Contract may interview the proposed substitute personnel prior to deciding whether to approve the substitution request. 4. The Contract Monitor will notify the Contractor in writing of: (i) the acceptance or denial, or (ii) contingent or temporary approval for a specified time limit, of the requested substitution. The Contract Monitor will not unreasonably withhold approval of a requested key personnel replacement. D. Replacement Circumstances 1. Voluntary Key Personnel Replacement To voluntarily replace any key personnel, the Contractor shall submit a substitution request as described in paragraph C of this section to the Contract Monitor at least fifteen (15) days prior to the intended date of change. Except in a circumstance described in paragraph D.2 of this clause, a substitution may not occur unless and until the Contract Monitor approves the substitution in writing. 2. Key Personnel Replacement Due to Vacancy The Contractor shall replace key personnel whenever a vacancy occurs due to the sudden termination, resignation, leave of absence due to an Extraordinary Personal Circumstance, Incapacitating injury, illness or physical condition, or death of such personnel. (A termination or resignation with thirty (30) days or more advance notice shall be treated as a Voluntary Key Personnel Replacement as per Section D.1 of this section.). Under any of the circumstances set forth in this paragraph D.2, the Contractor shall identify a suitable replacement and provide the same information or items required under paragraph C of this section within fifteen (15) days of the actual vacancy occurrence or from when the Contractor first knew or should have known that the vacancy would be occurring, whichever is earlier. 3. Key Personnel Replacement Due to an Indeterminate Absence If any key personnel has been absent from his/her job for a period of ten (10) days due to injury, illness, or other physical condition, leave of absence under a family medical leave, or an Extraordinary Personal Circumstance and it is not known or reasonably anticipated that the individual will be returning to work within the next twenty (20) days to fully resume all job duties, before the 25th day of continuous absence, the Contractor shall identify a suitable replacement and provide the same information or items to the Contract Monitor as required under paragraph C of this section. 16

18 However, if this person is available to return to work and fully perform all job duties before a replacement has been authorized by the Contract Monitor, at the option and sole discretion of the Contract Monitor, the original personnel may continue to work under the Contract, or the replacement personnel will be authorized to replace the original personnel, notwithstanding the original personnel s ability to return. 4. Directed Personnel Replacement a. The Contract Monitor may direct the Contractor to replace any personnel who are perceived as being unqualified, non-productive, unable to fully perform the job duties due to full or partial Incapacity or Extraordinary Personal Circumstance, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law, agency, or Contract requirements. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described in paragraph 4.b. If after such remediation the Contract Monitor determines that the personnel performance has not improved to the level necessary to continue under the Contract, if at all possible at least fifteen (15) days notification of a directed replacement will be provided. However, if the Contract Monitor deems it necessary and in the State s best interests to remove the personnel with less than fifteen (15) days notice, the Contract Monitor can direct the removal in a timeframe of less than fifteen (15) days, including immediate removal. In circumstances of directed removal, the Contractor shall, in accordance with paragraph C of this section, provide a suitable replacement for approval within fifteen (15) days of the notification of the need for removal, or the actual removal, whichever occurs first. b. If deemed appropriate in the discretion of the Contract Monitor, the Contract Monitor shall give written notice of any personnel performance issues to the Contractor, describing the problem and delineating the remediation requirement(s). The Contractor shall provide a written Remediation Plan within ten (10) days of the date of the notice and shall implement the Remediation Plan immediately upon written acceptance by the Contract Monitor. If the Contract Monitor rejects the Remediation Plan, the Contractor shall revise and resubmit the plan to the Contract Monitor within five (5) days, or in the timeframe set forth by the Contract Monitor in writing. Should performance issues persist despite the approved Remediation Plan, the Contract Monitor will give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the substitution of personnel whose performance is at issue with a qualified substitute, including requiring the immediate removal of the key personnel at issue. Replacement or substitution of personnel under this section shall be in addition to, and not in lieu of, the State s remedies under the Contract or which otherwise may be available at law or in equity Mandatory Contractual Terms By submitting a Proposal in response to this RFP, an Offeror, if selected for award, shall be deemed to have accepted the terms and conditions of this RFP and the Contract, attached herein as Attachment A. Any exceptions to this RFP or the Contract shall be clearly identified in the Executive Summary of the Technical Proposal. A Proposal that takes exception to these terms may be rejected (see RFP Section ). 17

19 1.25 Bid/Proposal Affidavit A Proposal submitted by an Offeror must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment B of this RFP Contract Affidavit All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror will be required to complete a Contract Affidavit. A copy of this Affidavit is included as Attachment C of this RFP. This Affidavit must be provided within five (5) Business Days of notification of proposed Contract award. This Contract Affidavit will also be required to be completed by the Contractor prior to any Contract renewals, including the exercise of any options or modifications that may extend the Contract term Compliance with Laws/Arrearages By submitting a Proposal in response to this RFP, the Offeror, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract. By submitting a response to this solicitation, each Offeror represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the Contract if selected for Contract award Verification of Registration and Tax Payment Before a business entity can do business in the State it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland The SDAT website is It is strongly recommended that any potential Offeror complete registration prior to the due date for receipt of Proposals. An Offeror s failure to complete registration with SDAT may disqualify an otherwise successful Offeror from final consideration and recommendation for Contract award False Statements Offerors are advised that Md. Code Ann., State Finance and Procurement Article, provides as follows: In connection with a procurement contract a person may not willfully: (a) (b) (c) Falsify, conceal, or suppress a material fact by any scheme or device; Make a false or fraudulent statement or representation of a material fact; or Use a false writing or document that contains a false or fraudulent statement or entry of a material fact A person may not aid or conspire with another person to commit an act under subsection (1) of this section A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five years or both. 18

20 1.30 Payments by Electronic Funds Transfer By submitting a response to this solicitation, the Bidder/Offeror agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $100,000. The selected Bidder/Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form. Any request for exemption must be submitted to the State Comptroller s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller s website at: 10.pdf 1.31 Prompt Payment Policy This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor s Office of Minority Affairs (GOMA) and dated August 1, Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, , (a), and Title 14, Subtitle 3, and COMAR and , the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor must comply with the prompt payment requirements outlined in the Contract, Section 31 Prompt Payment (see Attachment A). Additional information is available on GOMA s website at: Electronic Procurements Authorized A. Under COMAR , unless otherwise prohibited by law, the Department may conduct procurement transactions by electronic means, including the solicitation, bidding, award, execution, and administration of a contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21. B. Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder/Offeror to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or the Contract. C. Electronic means refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes facsimile, , internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., and electronic data interchange. D. In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., 1.30 Payments by Electronic Funds Transfer ) and subject to the exclusions noted in section E of this subsection, the following transactions are authorized to be conducted by electronic means on the terms described: 1. The Procurement Officer may conduct the procurement using emm, , or facsimile to issue: (a) the solicitation (e.g., the IFB/RFP); (b) any amendments; (c) pre-bid/proposal conference documents; (d) questions and responses; 19